017-13 - Ordinance - Amending Section 16.70.230 Concerting Park Impact FeesIntroduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Reviewed by: City Attorney
Introduced: August 13, 2013
Adopted: August 13, 2013
ORDINANCE NO.017-13
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL
CODE SECTION 16-70.230 CONCERNING PARK IMPACT
FEES AND THE AUTOMATIC ANNUAL ADUSTMENTS TO
THESE FEES
WHEREAS, the City Council voted on April 24th, 2012 to approve Ordinance oo8-
12 adopting park impact fees; and
WHEREAS, Ordinance oo8-12 included a provision for an indexed automatic park
impact fee increase each August 1st beginning in 2013; and
WHEREAS, the Finance Department attempted to calculate the annual increase to
the 2013 park impact fee and found that the variables used to calculate the fee are
constantly changing from year to year and will create volatility in park impact fee
calculations in the absence of annual parks plan updates, specifically updates to the
estimates system value and capital improvement plan; and
WHEREAS, POMC 16-70.230 states that the park impact fee "shall be indexed to
provide for an automatic fee increase each August," but doesn't define the term "indexed" or
explain how the fee is to be "indexed"; and
WHEREAS, the City has consistently used the the percentage change in the average
annual Consumer Price Index for All Urban Consumers (CPI-U) for Seattle -Tacoma -
Bremerton as its index to calculate annual cost adjustments; and
WHEREAS, the proposed changes to POMC 16.70.230 will eliminate this confusion
and stabilize the park impact fee as a revenue source; and
WHEREAS, the City Council has determined that it is sound public policy to
ensure that park impact fees do not change significantly from year to year in the absence of
updates to the Parks Plan; and
WHEREAS, in accordance with POMC 16.70.o8o(1), the City gave notice of and
Ordinance No. 017-13
Page 2 of 3
held a public hearing on August 13, 2013 to consider public comment regarding the
proposed change in the park impact fee formula; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION 1. Port Orchard Municipal Code Section 16.70.230 "Park impact fee —
Review of schedule and fee increases," is AMENDED to read as follows:
16.70.230 Park impact fee — Review of schedule and fee
increases.
(i) The impact fees set forth in POMC 16.70.200 shall be reviewed by the city
council in conjunction with updates to the city comprehensive parks plan
element of the city's comprehensive plan. Amendments to the impact fees for
this purpose shall be adopted by the city council.
(2) The impact fees set forth in POMC 16-70.200 shall be indexed to provide
for an automatic fee increase each August ist beginning in the year 2013. The
annual adjustment shall be the percentage change in the average annual
Consumer Price Index for All Urban Consumers (CPI-U) for Seattle -Tacoma -
Bremerton for the most recent 12-month period ending June 30th prior to the
date of adjustment. In the event that the fees in POMC 16-70.2oo are
increased during the preceding calendar year due to changes to the city
comprehensive parks plan pursuant to subsection (1) of this section, the fees
will not be indexed the following year. The finance department shall compute
the fee increase and the new fees shall become effective without further
council review.
SECTION 2. EFFECTIVE DATE. The changes to the Port Orchard Municipal
Code described in section 1 above, shall be effective September 1, 2013.
SECTION 3. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
SECTION a. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published
in lieu of the entire ordinance, as authorized by State Law.
Ordinance No. 019-13
Page 3 of 3
PASSED by the City Council of the City of Port Orchard. APPROVED, by the Mayor
and attested by the Clerk in authentication of such passage this 13th day of August, 2013.
Timothy C. Malthes, Mayor
ATTEST:
Brandy nearson, CMC, City Clerk
APPROVED AS TO FORM: Sponsored bv:
Gregory A. J o , Cit}
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held August 13, 2013.
ORDINANCE NO. 017-13
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD
MUNICIPAL CODE SECTION 16- 70.230 CONCERNING
PARK IMPACT FEES AND THE AUTOMATIC ANNUAL
ADUSTMENTS TO THESE FEES
Copies of Ordinance No. 017-13 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 017-13 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
August 23, 2013